MEZCOPH UA IGA FINAL.PDF

Maricopa County — Formal (2021-03-24)

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INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
1. Agreement No: C-_________ 2. Agreement Type: Service Agreement
3. Agreement Amount: $250,000 4. Purpose: Immunization Services
5. Start Date: 2/8/2021 6. Expiration Date: 12/31/2021
This Intergovernmental Agreement (“Agreement”) is entered into by and between the Arizona Board of Regents on behalf of The
University of Arizona for it’s Mel and Enid Zuckerman College of Public Health (“MEZCOPH”) referred to herein as “Contractor”,
and Maricopa County, by and through its Department of Public Health (“MCDPH”) (referred to herein after as “County”). Contractor
and the County are collectively referred to herein as the “Parties” and individually as a “Party.” Contractor, for and in consideration
of the covenants and conditions set forth herein, shall provide and perform the services as set forth below. All rights and
obligations of the Parties shall be governed by the terms of this Agreement, its exhibits, attachments, and appendices, including
any subcontracts or amendments as set forth herein and in:
Section I - General Provisions Section III - Work Statement
Section II - Special Provisions Section IV - Compensation
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. Nothing in this Agreement shall
be construed as consent to any lawsuit or waiver of any defense in a lawsuit brought against the County or the Contractor in any
State or federal Court.
Legal Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage prepaid, return
receipt requested, to the addresses set forth below and shall be effective upon receipt by the Party to whom addressed unless
otherwise indicated in the notice.
Notice to Contractor: Arizona Board of Regents on behalf of The University of Arizona for it’s Mel and Enid Zuckerman College of
Public Health
Phone: (520) 891-2058 Address: University of Arizona, 888 N. Euclid Avenue, #515, Tucson, AZ 85719
Notice to Department: MCDPH Grants/Contract Unit Phone: (602) 372-0675
Address: 4041 North Central Avenue, Suite #1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the parties enter into this Agreement:
ARIZONA BOARD OF REGENTS, UNIVERSITY OF MARICOPA COUNTY BOARD OF SUPERVISORS
ARIZONA
Signature Signature
Elisha Johnson, J.D Jack Sellers, Chairman
Director, Clinical Trials and Contracting Board of Supervisors
Date Date
ATTEST:
Signature
Read and acknowledged by Principal Office of the Clerk of the Board
Investigator:
Signature:__________________________ Date
Pursuant to A.R.S. § 11-952, the undersigned public agency Pursuant to A.R.S. § 11-952, the Attorney for the Board of
attorney has determined that this Intergovernmental Agreement Supervisors has determined that this Intergovernmental
is in proper form and is within the powers and authority granted Agreement is within the powers and authority granted under the
under the laws of the State of Arizona. laws of the State of Arizona.
Signature Signature
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Attorney for Maricopa County
Date Date
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SECTION I GENERAL PROVISIONS
1. EFFECT
To the extent the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent the Work Statement(s) and the Special or General
Provisions are in conflict, the Work Statement(s) shall control.
2. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
A. Agreement means this document and all attachments and amendments hereto.
B. Funding Source means any federal, State, or private agency funding source,
which may impose conditions on the funding that will be passed on to the
Contractor.
C. Contractor Staff, Employee or Faculty means a person or persons employed
by, contracted with, or retained by the Contractor for the purpose of providing the
services and responsibilities contained in this Contract.
D. HIPAA means the Health Insurance Portability and Accountability Act of 1996 (PL
104-191) and the United States Department of Health and Human Services
(DHHS) final regulations on “Privacy Standards for Individually Identifiable Health
Information”, as amended and clarified from time to time.
3. GENERAL REQUIREMENTS
A. The terms of this Agreement shall be construed in accordance with Arizona law.
Any lawsuit arising out of this Agreement shall be brought in a court of competent
jurisdiction in Maricopa County.
B. The Contractor shall, without limitation, obtain and maintain all licenses, permits,
and authority necessary to do business, render services, and perform work under
this Agreement, and shall comply with all laws regarding unemployment insurance,
disability, and workers’ compensation.
C. The Contractor is an independent contractor in the performance of work and the
provision of services under this Agreement and is not to be considered an officer,
employee, or agent of the County.
4. AMENDMENTS
All Amendments to this Agreement must be in writing and signed by authorized persons
for both Parties. All amendments shall clearly state the effective date of the action.
5. ADEQUACY OF RECORDS
If the Contractor's books, records and attachments related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible clients,
the Contractor shall reimburse the County for the services not adequately supported and
documented.
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SECTION I GENERAL PROVISIONS
6. RETENTION OF RECORDS
A. This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the County and Contractor that
relate to this Agreement.
B. The County and Contractor shall retain all financial books, records, and other
documents related to this Agreement for five (5) years after final payment or until
after the resolution of any audit questions, which could be more than five (5) years,
whichever is longer. County, federal, or State auditors, and any other persons duly
authorized by the County, shall have full access to and the right to examine, copy
and make use of any and all such financial books, records and other documents.
7. ASSIGNMENT AND SUBCONTRACTING
No rights, liability, obligations, or duties under this Agreement may be assigned,
delegated, or subcontracted without the prior written approval of the County and
Contractor.
8. AUDIT DISALLOWANCES
A. The Contractor shall, upon written demand, reimburse the County for any
payments made under this Agreement that are disallowed, by a federal, State or
County audit in the amount of the disallowance.
B. If the County determines that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance
and the required course of action, which shall be at the option of the County either
to adjust any future claim submitted by the Contractor by the amount of the
disallowance or to require immediate repayment of the disallowed amount by the
Contractor.
C. The County shall, upon review and agreement of the Parties, remit to the
Contractor any payments determined to have been insufficiently paid, in the
amount of the payment shortfall, as well as court costs and attorney fees the
Contractor incurs to pursue legal action relating to such short payment.
9. AVAILABILITY OF FUNDS
A. The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor, as
provided herein, are actually available to the County for disbursement. County
shall be the sole authority in determining the availability of funds under this
Agreement and the County shall keep the Contractor fully informed as to the
availability of funds. The County shall refer no clients to Contractor for periods of
time for which funding is not available unless at the discretion of both parties, an
alternate source of funds are made available to continue the medical service.
B. If any action is taken by any State agency, federal department, or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligations under or
in connection with this Agreement, the County may amend, suspend, decrease, or
terminate its obligations under or in connection with this Agreement. If this
Agreement is terminated, the County shall be liable for payment only for services
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SECTION I GENERAL PROVISIONS
rendered prior to the effective date of the termination so long as Contractor was
sufficiently notified of such termination date, along with non-cancelable expenses,
provided that such services are performed in accordance with the provisions of this
Agreement. The County shall give written notice of the effective date of any
suspension, amendment, or termination under this section at least ten (10) days in
advance.
10. DEFAULT
For material breach of contractual obligations, or upon the happening of any event which
would jeopardize the ability of the Contractor to perform its contractual obligations, the
County may suspend, modify, or terminate this Agreement immediately upon giving written
notice to the Contractor in the event of non-performance of any stated objectives. Unless
expressly stated otherwise this in this Agreement, such determination will not be made
until such time as the disputes process has been exhausted.
11. TERMINATION
A. Either Party may terminate this Agreement at any time by giving the other Party at
least thirty (30) calendar days prior written notice. The notice shall be given by
personal delivery or by registered or certified mail, postage prepaid, return receipt
requested.
B. This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
C. Either Party has the right to terminate this Agreement for cause upon fourteen (14)
working days written notice for any of the following reasons:
(1) Breach of this Agreement which is not corrected within fourteen (14)
working days after written notice thereof or registered mail, return receipt
requested.
(2) Inability to discharge the duties and responsibility under this Agreement for
a continual period of thirty (30) days or more.
D. This Agreement is subject to cancellation in accordance with the provision of
A.R.S. § 38-511.
E. If not terminated by one of the above methods, this Agreement will terminate upon
the expiration date of this Agreement as stated on the Cover Page of this
Agreement.
12. SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
of competent jurisdiction shall in no way affect, impair, or invalidate any other provision
hereof, and the remaining provisions shall remain in full force and effect.
13. STRICT COMPLIANCE
Acceptance by the County of performance that is not in strict compliance with the terms
of this Agreement shall not be deemed to waive the requirement of strict compliance for
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SECTION I GENERAL PROVISIONS
all future performance. All changes in performance obligations under this Agreement must
be in writing and signed by the Parties.
14. NON-LIABILITY
A. The County and its officers, representatives, agents, and employees shall not be liable
for any act or omission by the Contractor or any subcontractor, employee, officer,
agent, or representative of the Contractor or any subcontractor occurring in the
performance of this Agreement, nor shall they be liable for purchases or contracts
made by the Contractor or any subcontractor in connection with this Agreement.
B. The Contractor and its officers, representatives, agents, and employees shall not be
liable for any act or omission by the County or any County subcontractor, employee,
officer, agent, or representative of the County or any County subcontractor occurring
in the performance of this Agreement, nor shall they be liable for purchases or
contracts made by the County or any County subcontractor in connection with this
Agreement.
15. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or entity has been employed or retained to solicit
or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of this warranty, the
County may immediately terminate this Agreement without liability.
16. SAFEGUARDING CLIENT INFORMATION
The use or disclosure by any Party of any information concerning an eligible individual
served under this Agreement is directly limited to the performance of this Agreement.
County and Contractor shall safeguard confidential and privileged client and patient
information i.e., medical, financial and patient specific information, and shall only disclose
such information in accordance with all applicable federal, state and local laws, rules,
and/or regulations, including HIPAA. The use or disclosure by any party of any information
concerning a client or patient served under this Agreement or any other applicable payer
contract is directly limited to services under this Agreement subject to applicable federal,
state and local laws, rules and/or regulations. Contractor’s obligation to maintain the
confidentiality of all medical, financial and patient specific information shall exist after
termination or expiration of this Contract. County shall assist Contractor with regard to
Contractors’ obligation to comply with HIPAA.
17. RIGHTS IN DATA
The Parties shall have unlimited rights to use of annual reports and data resulting from
this Agreement without cost or other restriction, except as otherwise provided herein or
by law. Each Party shall supply to the other Party, upon reasonable request, any
available information known to the supplying Party that is relevant to this Agreement and
to the performance hereunder.
(1) Allocation of rights. The parties shall have unlimited rights in-
(i) Reports and Data produced in the performance of this contract;
(ii) Reports and Data delivered under this contract;
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SECTION I GENERAL PROVISIONS
(iii) All other reports and data delivered under this contract unless provided otherwise
for limited rights data or restricted computer software.
18. OWNERSHIP OF INFORMATION
Subject to applicable state and federal laws, rules and regulations, including, without
limitation, those concerning confidentiality of patient records, the Contractor shall have full
and complete ownership rights to and the sole and exclusive right to inspect, reproduce,
duplicate, adapt, distribute, display, disclose and otherwise use all reports, information,
data and material prepared by the Contractor in performance of the Agreement. County
may examine and may receive copies of such information necessary for County's
performance of this Agreement.
19. NON-DISCRIMINATION
Neither Party, in connection with any service or other activity under this Agreement, shall
in any way discriminate against any person on the grounds of race, color, religion, sex,
national origin, age, disability, affiliation or belief. The Contractor shall include this clause
in all of its subcontracts related to this Agreement.
20. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, or national origin. The Contractor
shall take affirmative action to insure that applicants are employed and that employees
are treated during employment without regard to their race, age, disability, color, religion,
sex, or national origin. Such action shall include, but is not limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-
off or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. The Contractor shall, to the extent such provisions apply,
comply with Titles VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et
seq.); the Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603) (“IRCA”); and
Arizona Executive Order 2009-09, which mandates that all persons shall have equal
access to employment opportunities. The Contractor shall also comply with all applicable
provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.).
21. RIGHT OF PARTIAL CANCELLATION
If more than one activity is funded by this Agreement, the County reserves the right to
terminate this Agreement or any part thereof based on the Contractor's failure to perform
any part of this Agreement without impairing, invalidating or canceling the remaining Work
Statement obligations.
22. RIGHT TO EXTEND AGREEMENT
Subject to the availability of funds and acceptable Contractor performance, the Contractor
hereby acknowledges and agrees that the County shall have the right to extend this
Agreement for additional one-year periods, not to exceed a total extended term of five (5)
years, except that the cost will be subject to renegotiation. Any extension of this
Agreement shall be in writing mutually acceptable to County and Contractor and signed
by both Parties.
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SECTION I GENERAL PROVISIONS
23. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. Contractor, certifies, to the best of its knowledge and belief, that any individual
directly providing services under this Agreement on behalf of Contractor, defined
as the primary participant in accordance with 45 C.F.R. Part 76, and its principals:
1) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
2) are not presently indicted or otherwise criminally charged by a government
entity (federal, State or local) with the commission of any of the offenses
enumerated in paragraph (2) of this certification; and
3) have not within the 3-year period preceding this Agreement had one or more
public transactions (federal, State or local) terminated for cause or default.
B. If the Contractor is not able to provide this certification, an explanation as to why
shall be attached to this Agreement.
C. The Contractor shall include, without modification, this Paragraph in all lower tier
covered transactions (i.e., transactions with subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
24. E-VERIFICATION OF EMPLOYEES
The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
A. That the Contractor and its subcontractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214;
B. That a breach of the warranty under subsection A above shall be deemed a
material breach of this Agreement that entitles the County to, among other things,
immediately terminate this Agreement without liability;
C. That the County and any contracting government entity retains the legal right to
inspect the papers of any contractor or subcontractor employee who works on this
Agreement to ensure that the contractor or subcontractor is complying with the
warranty provided under subsection A above and that the contractor agrees to
make all papers and employment records of said employee(s) available during
normal working hours in order to facilitate such an inspection;
D. That nothing herein shall make any contractor or subcontractor an agent or
employee of the County or contracting government entity.
25. DISPOSITION OF PROPERTY
All property acquired with funds provided for in this Agreement shall become the
property of the funding source.
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SECTION II SPECIAL PROVISIONS
26. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the
Special Provisions shall control. To the extent that the Work Statement(s) are in conflict
with the Special or General Provisions, the Work Statement(s) shall control.
27. DISPUTES
Except as otherwise provided by law, or otherwise specifically agreed to by the Parties,
any dispute not involving a question of law arising out of this Agreement that is not
resolved between the Parties within a reasonable time, which shall not exceed 120 days,
shall be resolved as follows:
A. Disputes must be filed with the person administering this Agreement for the
County, if one has been appointed, or, if not, with the Procurement Officer,
within ten (10) business days from the date the Contractor knew or should
have known the basis of the dispute.
B. The person administering this Agreement or the Procurement Officer, as
applicable, shall respond in writing to the dispute within fifteen (15)
business days.
C. Contractor may abide by the decision or may appeal the decision to the
County Director within ten (10) business days.
D. Any changes made to the terms, conditions or amounts cited in this
Agreement require the written approval of each Party’s authorized
representative.
28. AUDIT REQUIREMENT
A. If the Contractor expends $750,000 or more in a year in federal awards, the
Contractor shall have a single audit conducted for that year according to the Office
Management and Budget, Title 2, Subtitle A, Chapter II, PART 200—UNIFORM
ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200.
The audit report shall be submitted to the County for review within nine (9) months
following the close of the fiscal year. The Contractor shall take any necessary
corrective action to remedy any material weaknesses and/or reportable conditions
identified in the audit report within six (6) months after the release date of the
report. The County may consider sanctions as described in § .225 of OMB Circular
A-133 for contractors not in compliance with the audit requirements. All books and
records shall be maintained in accordance with Generally Accepted Accounting
Principles (GAAP).
B. The Contractor shall schedule an annual financial audit to be submitted to the
County for review within twelve (12) months following the close of the program’s
fiscal year. Contractor understands that its failure to meet this requirement may
result in the loss of current funding and disqualification from consideration for
future County-administered funding.
C. Comply with the requirement of the Federal Office of Management and Budget
(“OMB”) Circular A-133. The Contractor is responsible for having an audit
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SECTION II SPECIAL PROVISIONS
performed in accordance with, and when required, by OMB Circular A-133, and for
sending a copy of the report issued as a result of the audit to the County within
thirty (30) days of issuance. The County reserves the right to engage an auditor,
at the Contractor’s expense, to perform an OMB Circular A-133 audit of the
Contractor in the event that the Contractor fails to engage an auditor or the County
rejects or disapproves of the auditor engaged by the Contractor.
29. INSURANCE
A. Contractor participates in the State of Arizona self-insurance programs,
administered by the Arizona Department of Administration, Risk Management
Division. This program maintains general and professional liability coverage of
sufficient amounts to cover claims arising from the acts and omissions of
Contractor’s employees, including the Investigator, while participating in this
Study.
B. Contractor shall promptly inform County of any cancellation of its insurance or any
decrease in its lines of coverage at least thirty (30) days before such action takes
place.
C. In the event the Contractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a Certificate of Self-
Insurance. If the Contractor(s) is/are a State of Arizona agency, board,
commission, or university, none of the above shall apply.
D. Maricopa County is self-insured and has made a formal decision to retain risk
rather than insure it through traditional purchase of insurance. Any claims for
which Maricopa County is found legally liable are paid under the Declaration of
Trust for Maricopa County, Arizona Self-Insured Risk Trust Fund adopted January
14, 2015. Maricopa County does purchase traditional insurance in excess of our
self- insured/retained limit of $5,000,000 per occurrence for general liability.
30. SPECIAL REQUIREMENTS
If the use of subcontractors is approved by the County, the Contractor agrees to use
written subcontracts or consultant agreements that conform to federal and State laws and
regulations and the requirements of this Agreement appropriate to the service or activity
covered by the subcontract. These provisions apply with equal force to the subcontract
as if the subcontractor were the Contractor. The Contractor is responsible for performance
under this Agreement whether or not any subcontractors are used. The Contractor shall
submit a copy of each subcontract to the County upon written request.
31. REPORTING REQUIREMENTS
If requested by the County, the Contractor shall submit annual progress reports on or
before the third (3rd) day of the month following the end of the reporting period.
Notwithstanding the foregoing, Contractor shall have at least thirty (30) business days to
provide any such progress report.
32. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Pursuant to A.R.S. § 38-511, either Party may cancel this Agreement without penalty or
further obligation, within three years after execution of this Agreement, if any person
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SECTION II SPECIAL PROVISIONS
significantly involved in initiating, negotiating, securing, drafting, or creating this
Agreement on behalf of the Parties is, at any time while this Agreement or any extension
of this Agreement is in effect, an employee or agent of any other Party to this Agreement
in any capacity or is a consultant to any other Party to this Agreement with respect to the
subject matter of this Agreement.
33. POLICY ON CONFIDENTIALITY
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws protecting client confidentiality of medical, behavioral health and
drug treatment information.
34. LAWS, RULES AND REGULATIONS
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws, rules, and regulations that pertain hereto.
35. SPONSORSHIP ACKNOWLEDGMENT
All promotional materials, brochures, and flyers prepared by Contractor relating to this
Agreement shall include the following statement, “Sponsored by Maricopa County
Department of Public Health.”
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SECTION III WORK STATEMENT
36. BACKGROUND:
There are many hard to reach populations within Maricopa County, including non-English
speakers, older and immunocompromised adults, those without transportation and
individuals experiencing homelessness, among others. Making COVID-19 vaccines
accessible to these populations will increase immunity across the county and ultimately
impact the spread of the virus.
Contractor has a history of providing immunizations at community locations. They have
previously immunized Maricopa County residents in partnership with County.
37. PURPOSE:
County is seeking to partner with Contractor to provide COVID-19 vaccinations to hard-
to-reach populations in Maricopa County. The intent of this Agreement is to increase
access to COVID-19 vaccine thereby decreasing the overall spread of the virus. Hard-to-
reach populations include those without adequate transportation, those without access to
the internet, experiencing homelessness, immigrant and refugee groups and others, as
the need or demand arises.
Vaccine distribution will follow County’s prioritization schedule as outlined on the Maricopa
County COVID-19 Vaccine webpage.
38. RESPONSIBILITIES OF THE CONTRACTOR
Contractor shall:
A. Have and maintain throughout the period of performance, sufficient qualified staff
and other qualified individuals (collectively “Contractor Staff”)_ to perform all
functions related to administering immunizations, including but not limited to,
patient registration, screening, vaccination, observation, and follow-up.
B. Ensure at least one bilingual staff person is available at each site listed in Exhibit
A.
C. Verify and ensure all Contractor Staff providing immunizations under this
Agreement are licensed and/or certified to administer immunizations or are under
the supervision of a licensed or certified health professional.
In addition, all Contractor Staff must be trained in the following:
1. Hands-on injection techniques.
2. Clinical evaluation of indications and contraindications of vaccines based
on the Advisory Committee of Immunization Practices (“ACIP”).
3. The recognition and treatment of emergency reactions to immunizations.
4. Administration of emergency reaction medications including, but not limited
to Benadryl and epinephrine.
5. Basic Life Support including possession of a current certification.
6. Proper use of personal protective equipment (“PPE”), especially as it
relates to proper protection from COVID-19.
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SECTION III WORK STATEMENT
7. Develop and train personnel on coordinated process to transport persons
having a severe allergic or other medical reaction to the vaccination.
D. Recruit and coordinate any volunteer needs for these events and ensure proper
training is provided and accountability of confidentiality.
E. Participate in mobile vaccination activities for County as reasonably requested.
F. Perform services at community-based clinic locations as directed by County
ensuring the COVID-19 vaccine is administered to clients based on the current
ACIP recommendations.
G. Work with representatives of the chosen locations in Exhibit A to discuss cost,
insurance, set-up and tear down requirements, and any other information that may
be required for each location.
1. Enforce current social distancing and mask guidelines as set forth by
Centers for Disease Control (“CDC”) and Maricopa County Department of
Public Health.
2. Provide all clients with a safe, temperature-controlled environment in which
to wait for services.
3. All locations shall be American Disabilities Act (“ADA”) compliant and
clients with Disabilities or Access and Functional Needs (“DAFN”) shall be
able to access the clinic without the need for accommodation.
H. Engage in routine communication with County to ensure sufficient supply is
available to meet the existing demand.
I. Transport vaccines in a manner consistent with manufacturer’s recommendations
to community clinics in a qualified container designed for vaccine transport
ensuring the vaccines always remain within the temperature range recommended
by the CDC and its manufacturer.
J. Always ensure proper storage of vaccine based on manufacturer’s requirements.
If at any time, or for any reason, Contractor believes that a malfunction might have
occurred and the vaccine’s temperature has failed to remain in compliance with
the proper storage requirements, Contractor shall immediately notify County.
1. Temperatures must be monitored on-site using a continuous temperature
recording device as recommended by the CDC. County recommends the
use of a digital data logger.
K. Provide all supplies needed to administer the vaccine in accordance with ACIP
and MCDPH recommendations. Ensure staff utilize appropriate PPE while
conducting work under the terms of this contract. All PPE shall be used as
indicated and in accordance with current County and/or CDC guidelines or best
practices.
1. Confirm that all supplies and materials used conform to governmental
industry standards and either meet or exceed the minimum performance
requirements in use at their time of service.
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SECTION III WORK STATEMENT
2. Supplies that have yet to receive approval but have been granted an
Emergency Use Authorization (“EUA”) must maintain a copy of the EUA on
file. Current EUAs in use may be found at https://www.fda.gov/medical-
devices/emergency-situations-medical-devices/emergency-use-
authorizations#covid19ivd
3. County may have a limited supply of vaccines to provide to Contractor,
however it should not be assumed these items will be available.
4. Supplies, such as iPads, not including vaccine supplies (vaccines and
ancillary kits), provided to Contractor may be charged against the final
invoice. Not to exceed the price actually paid for such product, without
markup.
5. Contractor shall develop and implement an appropriate disposal process
for any biohazard infection control sharp objects with points or edges
(needles, syringe, or lancets) that can puncture or cut skin. Sharps is a
medical term used in health care that defines a medical item which
has sharp points or cutting edges capable of causing injury when handled.
L. Perform all requested vaccinations on the population(s) identified by County in
accordance with Advisory Committee on Immunization Practices (ACIP) guidelines
and recommendations. As such, Contractor shall:
1. Screen all patients for medical contraindications and allergies for the
vaccines(s) being offered at the clinic.
2. Follow manufacturers’ instructions for correct age, injection dose, site, and
route.
3. Provide the COVID-19 vaccine based upon age recommendations listed in
the vaccine’s FDA Emergency Use Authorization.
4. Document each immunization with name of person being vaccinated; date
of birth; vaccination date; vaccination type; lot number; manufacturer;
patient receipt of most up to date Vaccine Information Statement (“VIS”),
including edition date and date VIS was provided; injection site; vaccination
route; dosage; and name, title, and office/company address of person who
administered the vaccine.
5. Provide patient immunization information to County in an agreed upon
format to facilitate County billing of eligible insurance for the federal
administration rate.
6. Provide patients with documentation of immunization for their personal
records and to share with their medical providers.
7. Report any adverse events to the Vaccine Adverse Event Reporting
System (“VAERS”): https://vaers.hhs.gov/index
8. Provide the necessary immunizations to eligible individuals requesting a
vaccine regardless of their ability to pay or the applicability of any
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SECTION III WORK STATEMENT
insurance. All immunizations provided shall be documented and provided
to County monthly for potential compensation.
M. Report COVID-19 vaccines administered to the Arizona Immunization Information
System (“ASIIS”) within 24 hours of administration.
1. If Contractor does not have ASIIS access, all vaccination documentation
must be provided to County via email at the end of each day.
N. Provide a daily update to County with the number of vaccinations administered
daily at close of business via email.
O. Engage in weekly communication with County to discuss vaccination distribution
status.
P. Compensation shall be made to Contractor on a per unit cost basis. Refer to
Section IV, 1. Compensation for more details.
Q. Ensure that specific guidelines for COVID-19 Vaccinations are followed. The
following are specific to COVID-19 vaccinations:
1. All COVID vaccines will be allocated by the County and Contractor shall
not seek to self-procure vaccine.
2. Contractor shall provide the COVID-19 vaccine to eligible adult Maricopa
County residents aged 18 years and above.
3. Contractor shall only provide vaccine to targeted population identified by
the County. Any unused/unexpired vaccine will be immediately reported to
the County by email or fax.
4. Per CDC requirements, Contractor shall report COVID-19 vaccines
administered to the Arizona Immunization Information System within 24
(twenty-four) hours of administration.
5. All vaccination documentation must be provided to County in via email at
the end of each day.
6. All vaccine supplies (vaccines and ancillary kits) for the COVID-19 vaccine
shall be provided to Contractor by the County. This does not include
Personal Protective Equipment (PPE).
7. Any equipment loan requests from Contractor for supplies, such as iPad’s
requires the County’s prior written approval.
MCDPH shall:
R. Ensure COVID-19 vaccine allocation to Contractor based on County’s allocation
plan and vaccine availability, which the Parties shall mutually agree upon.
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SECTION III WORK STATEMENT
S. Deliver COVID-19 vaccine supply weekly to Contractor based on County’s
allocation plan and vaccine availability.
T. Provide assistance to Contractor via phone or email regarding technical issues
with the Vaccine Management System or completing required reports for County.
U. Bill on behalf of Contractor through the Arizona Partnership for Immunizations
(“TAPI”).
V. Hold Harmless Contractor for any claims or actions arising due to any student
involvement under this Agreement so long as such student involvement is in line
with this Agreement and all protocols applied to any other individual conducting
similar actions as such student. Notwithstanding the foregoing, such hold
harmless obligation shall not apply to negligent actions or willful misconduct of a
student.
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SECTION COMPENSATION
39. COMPENSATION
A. Compensation shall be made on a per unit cost basis. Contractor will be
reimbursed for administering COVID-19 vaccine to eligible patients using the
following schedule:
First dose: $25 per vaccine.
Second dose: $25 per vaccine (2-dose vaccine only).
Contractor shall be provided vaccine by County and will not be reimbursed for
vaccine cost.
B. Contractor shall submit a detailed monthly invoice along with ASIIS report to
County on or before the 25th following the month in which services were
performed.
C. County shall, within thirty (30) business days from the date of receipt of
Contractor’s invoice, process and remit to Contractor a written order for payment.
Should County make disallowance in the claim, the claim shall be processed to the
reduced amount. Contractor shall be notified at the address below in writing of the
amount and reasons for any disallowances and shall be afforded the opportunity
to document the appropriateness of the disallowed costs and to resubmit an
invoice for payment.
D. Each Party assumes sole and exclusive responsibility for payment of any federal
and state income taxes, federal social security taxes, workers’ compensation, and
unemployment insurance benefits for its physicians, staff, agents, and employees,
as well as any and all other mandatory governmental deductions or obligations.
E. The total Agreement amount is not-to-exceed $250,000 through the end of the
term of this Agreement. The total Agreement amount for any amendment or
subsequent years of the term will be negotiated based on County’s need and the
availability of funds.
40. METHOD OF PAYMENT
A. Contractor shall submit one (1) legible copy of a detailed invoice before payment(s)
can be made. At a minimum, the invoice must provide the following information:
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity
• Contract Item number(s)
• Description of Purchase (services)
• Pricing per unit of service
• Extended price
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SECTION COMPENSATION
• Total Amount Due
B. Problems regarding billing or invoicing shall be directed to the using agency as
listed on the Invoice.
C. Contractor must maintain and have available upon request supporting documents
for each monthly reimbursement request, including invoices of costs incurred and
expenditure reports.
D. Contractor understands and agrees that County will not honor any claim for
payment submitted more than six (6) months after the termination of this
Agreement.
E. Payments made by County to Contractor are conditioned upon the timely receipt
of applicable, accurate, and complete invoices submitted by Contractor.
Contractor forfeits the right to reimbursement for costs incurred in any month for
which it fails to meet the deadline for submitting the monthly reports, except if such
failure is beyond the reasonable control of Contractor.
F. Contractor shall submit monthly invoices to:
Maricopa County Department of Public Health
Marcy Arizmendi
4041 N Central Ave, Suite 700
Phoenix, AZ 85006
E-mail: covid19billing@maricopa.gov
41. NOTICE
Any notice given under this Agreement shall be sent to the attention of the following:
County Contractor
Maricopa County Department of University of Arizona Mel and Enid
Public Health Zuckerman College of Public Health
888 N. Euclid Avenue, #510
Attn: Mackenzie Tewell
Tucson, AZ 85719
Phoenix, AZ 85012
With a copy to Principal Investigator:
(602) 827-2205
Univ of Arizona Phoenix Plaza, Rm. 119
Phoenix, AZ 85006
Public Health crosales@email.arizona.edu
Grants and Contracts Unit
Attn: Grants Administrator
4041 N Central Ave, Suite 1400
Phoenix, AZ 85012
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SECTION COMPENSATION
Section and clause headings are used herein solely for convenience of reference and are not
intended as substantive parts of the Parties’ agreement. This Agreement
incorporates the Exhibits referenced herein. This written Agreement constitutes
the entire agreement between the Parties concerning the subject matter, and
supersedes all other or prior agreements or understandings, whether written or
oral, with respect to that subject matter. Any changes made to the terms,
conditions or amounts cited in this Agreement require the written approval of each
Party’s authorized representative. No provision of this Agreement is intended or
shall create any rights with respect to the subject matter of this Agreement in any
third party. Additionally, this Agreement contains the entire agreement of the
parties with respect to the services described in the Agreement.
Force Majeure.
If either Party hereto shall be delayed or hindered in, or prevented from, the performance of any
act required hereunder for any reason beyond such Party’s direct control, including but not limited
to, strike, lockouts, labor troubles, governmental or judicial actions or orders, riots, insurrections,
war, acts of God, inclement weather, epidemics, pandemics, or other reason beyond the Party’s
control (a “Disability”) then such Party’s performance shall be excused for the period of the
Disability. The Party affected by the Disability shall notify the other Party of such Disability as
provided for herein.
Severability. If a judicial determination is made that any of the provisions contained in this
Agreement are unenforceable, such provision or provisions shall be rendered void or invalid only
to the extent that such determination finds such provision or provisions to be unenforceable and
the remainder of the Agreement shall remain operative and in full force and effect.
FERPA. County recognizes Contractor is bound by U.S. Family Educational Rights and Privacy
Act, 20 U.S.C. § 1232g (FERPA) regarding student educational records and except as provided
herein, County shall not release any student educational records without the prior written consent
of the student.
State Obligation. The Parties recognize that the performance by the Arizona Board of Regents
for and on behalf of The University of Arizona may be dependent upon the
appropriation of funds by the Legislature of the State of Arizona. Should this
Legislature fail to appropriate the necessary funds or if the Institution’s
appropriation is reduced during the fiscal year, the Board of Regents may reduce
the scope of the Agreement or cancel the Agreement without further duty or
obligation. The Board agrees to notify County as soon as reasonably possible
after the unavailability of said funds comes to the Board’s attention.
End of Agreement.
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SECTION EXHIBIT A
Exhibit A.
Vaccine event locations to be provided by University of Arizona College of Public Health as of March 3,
2021.*
*This list may expand to include other events as requested in support of MCDPH's vaccine initiative
for Hard to Reach Populations" throughout Maricopa County.
Aguila Community 51300 W. US Hwy 60 Aguila 85320
Avondale Haciendas 910 S Dysart Road Avondale 85323
Casa Bill Soltero 6001 W Missouri Ave Glendale 85301
Casa de Primavera 1617 N 45th Ave Phoenix 85035
Gene Rice Rosalinda 10245 N 87th Ave Peoria 85345
Guadalupe Huerta 7235 S 7th St Phoenix 85042
Itom A'e 5424 E Calle Cerritos Guadalupe 85283
Paseo Abeytia 1320 E Riseser Rd Phoenix 85040
Promise AZ & Puento (UofA) 714 E Van Buren St Phoenix 85006
Dignified Independent Living 5911 N 138th Ave Litchfield Park 85303
Dignified Independent Living 8540 West Sonora St Tolleson 85353
Aeroterra Senior Housing 675 N 16th St Phoenix 85006
Avondale Senior Housing 10830 W Apache St Avondale 85323
Casa de Merced 62 North 92nd Dr Tolleson 85353
El Mirage Senior Village 12424 W Thunderbid Rd El Mirage 85335
Fillmore Gardens 802 N 22nd Pl Phoenix 85006
Guadalupe Senior Village 9403 S Avenida del Yaqui Guadalupe 85283
Lemon Grove Place 7220 N 27th Ave Phoenix 85051
Maryvale Parkway Terrace 4545 N Maryvale Pkwy Phoenix 85031
Matthew Henson Senior 1045 S 8th Ave Phoenix 85007
McCarty On Monroe Senior 1130 E Monroe St Phoenix 85034
Living
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SECTION EXHIBIT A
Mesa Senior Meadows 333 E 6th St Mesa 85201
Pine Towers 2936 N 36th St Phoenix 85018
Vista Alegre Senior Homes 6515 West Maryland Ave Glendale 85301
Washington Manor 1123 E Monroe St Phoenix 85034
Tanner Terrace Apartments 7138 N. 45th Ave, Glendale Glendale 85301
AZ 85301
Page Commons 170 N Oak St Gilbert 85233
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